COC 203A(20102007)amended 16 3 2012

COMPARISON BETWEEN PWD

203A (REV. 1/2010)&PWD 203 A

(2007)

Prepared By:

Nurfidatul Ema bt Saaidin

Bsc (Hons) QS UiTM

Penolong Pengarah Kanan (Ukur Bahan)

: [email protected]

1

Hanawati bt. Hashim

Bsc (Hons) QS UiTM

Penolong Pengarah Kanan (Ukur Bahan)

: [email protected]

COMPARISON BETWEEN PWD 203A

(2007) / PWD 203A (REV. 1/2010) (CONTD)

PWD 203A (Rev. 1/2010) consist of 81 clauses compared with PWD 203A (Rev. 2007) with only 78 clauses.

Additional 3 new clauses, pertinent ones being:

i. Events & Consequences of Default by the Government (Cl. 55)

ii. Safety At The Site (Cl. 68)

iii. Advance Payment (Cl. 69)

Additional of sub-clauses under clause 12 & clause 40

1.0 INTRODUCTION

1.1 Background

The JKR.PWD Forms were last revised in 1983: almost a quarter of

century ago.

Since then, numerous changes have occurred legally and in practice.

The Forms became anachronistic and out of tandem wit

contemporary practice

Steps were initiated a number of years ago to revise these Forms: a

process formally approved by the AGs chambers

These resulted first in the JKR /PWD Forms(Rev.2007) which were

officially launched in 2008

These new Forms, were further revised with the JKR/PWD

Forms(Rev.1/2010) and officially launched on 24th June 2011

Current, these are the Forms that have to be used for all Public

Sector Projects and apparently for other applications involving

statutory bodies and the like.

1.2 FORMS REVISED

For Traditional General Contracts

For Package Deal Types Of Contrtact

Old Forms New Form Application

1. JKR 203A(Rev.83) JKR 203(Rev.1/2010) COC for BQ Contracts

2. JKR 203(Rev.83) JKR 203(Rev.1/2010) COC for Contracts based

on Drawings &

Specifications

3.JKR 203N(Rev.83) JKR 203N(Rev.1/2010) COC for NSC where Main

Contract is based on JKR

203 &203A

4.JKR 203P(Rev.83) JKR 203P(Rev.1/2010) COC for nominated

supplier where Main

Contractor is based on JKR

203&203A

Old Forms New Form Application

PWD DB/T(2002 Edn) PWD DB(Rev.1/2010) COC for Design & Build

Contract

Old Form New Form Change

Rev.2007 Rev.1/2010

56 78 81 Additonal 22

Clauses (3)

1.3 NUMBER OF CLAUSES JKR 203A

JKR 203

JKR DB


Rev.2007 Rev.1/2010


Clauses (3)


Rev.2007 Rev.1/2010


Clauses (3)


Rev.2007 Rev.1/2010


Clauses (3)

JKR 203N

JKR 203

Note: For the JKR 203N, the clause 41.0 in the Rev.2007 Forms has been

deleted and a new Clause 5.0 added in the Rev. 1/2010 Form.


Rev.2007 Rev.1/2010

37 37 37 No Change

COMPARISON BETWEEN PWD 203A

(REV. 2007) / PWD 203A (REV. 1/2010)

(CONTD)

PWD 203A (1/2010)

Consist only of 1 Addendum

- Termination on Corruption.

PWD 203A (2007)

Consist only of 1 Addendum

- Termination on Corruption.

Addendum to COC

COMPARISON BETWEEN PWD 203A (REV.

2007) / PWD 203A (REV. 1/2010) (CONTD)

PWD 203A (Rev. 1/2010)

Consist of 1 Sp. Provision - Variation Of Price (Performance Bond, Advance Payment excluded as Sp. Provision)

PWD 203A (Rev. 2007)

Consists of 3 Sp. Provisions

(Performance Bond excluded as Sp. Provision)

Special Provisions to COC

Clause JKR 203A Rev 2007 Clause JKR 203A Rev.

1/2010

1.0 Definitions And Interpretation

1.1 : Definitions

1.2 : Interpretation

1.0 Definitions And

Interpretation

2.0 Contract Period

Clearly define the contract period, D/Possession and

D/Completion.

2.0 Contract Period

3.0 The S.O and S.Os Representative

3.1: Duties of S.O and S.Os Representative 3.2: S.Os Representative 3.3: S.Os Authority to Delegate

3.0 The S.O and

S.Os Representative

4.0 S.Os Right to Take Action

4.0 S.Os Right to Take Action

Difference

5.0 S.Os Instruction Must be in writing Variations, discrepencies ,in contract, removal of mat. from site ,defect work, others. 5% on-cost charges

5.0 S.Os Instruction 9

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

(CONTD)

10

Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

6.0 Scope of Contract

-Construct and complete,using

materials,goods

and workmanship,quality as specified in

accordance specified making good

defects

- Making good defects

- Poor governing

consequential works under sub clause 6.2

6.0 Scope of Contract

Difference

7.0 Contract Sum

Stipulates the contract sum.

7.0 Contract Sum

8.0 Contract Documents

8.1 : Documents required in 2 sets, one

original with S.O. and contractor

8.2 : S.O will issue instruction regarding any

discrepancies in the contract document.

8.0 Contract Documents


(CONTD)

11


1/2010

9.0 Representation, Warranties and Undertakings of the

contractor.

9.1 : Representation and warranties.

Listing out the requirements of a contractor before he enters

into a contract with the government, among others,

registered with CIDB, PKK, ROC, technically and financially

competent, no legal litigation, arbitration, tax claim, dispute

9.0 Representation,

Warranties and

Undertakings of

the contractor.

10.0 Obligation of the contractor

Obligation of the contractor:

- construct, complete, test and commission

-comply with all contractual requirements,

-Protect governments interest, provide qualified staffing and workers, supervision, making good defects etc.

-Carry out any other obligations and responsibilities under

this contract.

10.0 Obligation of the

contractor

Difference

11.0 Inspection of Site

Contractor must visit the site, take note of all risk involved,

access roads, working constraints, etc., especially factors

with cost implication. Information given in document may not

be conclusive, may not relieve the contractor of his

obligation under the contract.

11.0 Inspection of Site


(CONTD)

12


1/2010

12.0 Programme of Work.

Within 14 days from LA, contractor must submit his working

programme to the S.O. for approval.

Need to be adjusted/modified during the construction if

necessary or when EOT is given under the contract.

12.0 Programme of

Work.

Difference

13.0 Performance Bond/ PGB

-5% of the C/Sum,valid until 12 mths after DLP/CMGD

whichever is earlier, failing which, WJP will apply.

-WJP is 10% deduction made on every progress payment

s,up to a max. of 5% C/Sum.

-50% of WJP may be released upon CPC, at the discretion

of S.O. Any claims made during construction, contractor will

be required to top up value at any time must be 5% of

C/Sum.

13.0 Performance Bond/ PGB

14.0 Indemnity in respect of personal injuries and damage to

property.

It is the duty of the contractor to keep the government (and

agents) indemnified against all manners of claims & actions

pertaining to works on site.

14.0 Indemnity in

respect of personal

injuries and

damage to

property.


(CONTD)

13


1/2010

15.0 Insurance against personal injuries and damage to property.

-Effect and maintain insurance to cover his liabilities

-Bear the excess amount as stipulated in Appendix

-Period of cover until CMGD.

-In case of failure, the Govt may extent the insurances on

behalf of the contractor, the cost of which shall include 5%

(on-cost charges).

-Cancellation of insurance is made 30 days after receipt of

notice by the government.

-Where claims exceed insured amount, the surplus shall

be borne by contractor.

-It stipulates a notification procedure and obligation the

contract to ensure a mandatory procedure is followed any

cancellation process

-It improses a positive duty on the contractor to ensure

that any insurance cover is not vitiated or rendered void or

voidable.

15.0 Insurance against personal injuries and damage to property.

16.0 Indemnities to the government in respect of claims by work men.

16.1 : Workmen Compensation.

Provides coverage for the Govt and officers against

claims by any workman.

16.0 Indemnities to the government in respect of claims by work men.


(CONTD)

14


1/2010

17.0 Employees Social Security Act 69 (5% on cost-charges) 17.1 Register with SOCSO 17.2 Contribution to SOCSO 17.3 Default in complying with SOCSO

17.0 Employees Social Security Act 69

18.0 Insurance of work

- Effect and maintain insurance to cover against

loss and damage by fire, lightning,

-Bear the excess amount as stipulated in Appendix

-Period of cover until completion of the works.

-In case of failure, the Govt may extent the

insurances on behalf of the contractor, the cost of

which shall include 5% (on-cost charges).

-Cancellation of insurance is made 30 days after

receipt of notice by the government.

-Where claims exceed insured amount, the surplus

shall be borne by contractor.

-It stipulates a notification procedure and obligation

the contract to ensure a mandatory procedure is

followed any cancellation process

18.0 Insurance of work


(CONTD)

15


1/2010

19.0 Setting out

Contractor is responsible over proper setting out and

for the correctness of positions, levels, dimensions &

alignments. In the event of any error, the contractor

shall rectify at his own expense said errors to the

satisfaction of the S.O.

19.0 Setting out

20.0 Unfixed materials and goods.

- Materials delivered to site cannot be removed

without the consent of the S.O.

- Upon payment, the material & goods become the

property of the GOVT but still remains the

responsibility of the Contractor.

20.0 Unfixed materials and

goods.

21.0 Compliance with the law

- Contractor must comply with any law, regulation or

bye-law that constitutes the current Statutory

Requirements.

- In the event of any change or amendment, the

contractor must obtain the written instruction from

the S.O. so as to enable the consideration of such

variation.

21.0 Compliance with the law


(CONTD)

16


1/2010

22.0 Cl. 22.0 : Design 22.1 : Design Liability - As requested by Government, NOT proposal from contractor. - Allows stand alone design by the contractor which must be suitable, functional, safe & compatible with the existing design supplied by the Govt.

- This clause emphasizes the contractors liability in ascertaining that his stand-alone design has been undertaken, approved &

endorsed by a competent & registered

professional.

- Contractor to be fully responsible.

-Contractor to provide design G.Bond for the parts of

designed covers incidental issues such as the

amount, duration to cover, conditions of involving,

default provisions.

22.2 : Design Guarantee Bond

- Contractor is to provide a bond equal to 5% of

the said component of works and submitted

once CPC is issued.

- It must have a validity of 5 years.

22.0 Cl. 22.0 : Design

Difference


(CONTD)

17


23.0 Employment of Workmen. 23.1 : Workmen Restricted to Msian citizens unless proven unavailable. Applies to sub-contractors.

23.2 : Compliance Employment

Act 55 (PERKESO) 23.3 : Days and hours of working

Approval for overtime must be

obtained from S.O. the cost borne

by the contractor.

23.4 : Wages Books and Times Sheets.

23.5 : Default in payment of wages.

Any claims by workmen filed to Dept. of

Labour can be paid out by S.O. to be

deducted from monies due to contractor.

23.6 : Discharge of workmen.

S.O has the right to remove from site any

workman he deems incompetent.

23.0 Employment of Workmen.


(CONTD)

18


24.0 Variation

Definition of variation:

A change in the contract Document arising from the alteration or

modification of the design, quality or

quantity of the Works; including

addition, omission or

substitution/removal from site. There is a cross reference to sub-clause 22.1

the effect of the SOs approval of the contractors design.

24.0 Variation

25.0 Valuation of variation

Contract Rates (of similar character or

similar conditions).

Fair Rates (of differing nature or

differing conditions).

Pro-rata Rates

Day work + 15%

25.0 Valuation of variation


(CONTD)

19


26.0 Bills of Quantities

- The quality & quantity from the BQ forms the

basis of the Contract Sum.

- The SMM (ISM) & CEMM (IEM) stipulates that

quantity

is considered fixed unless stated as provisional - Error in description or quantity shall be rectified &

adjustment made to Contract Sum.

- S.O.s right to rationalization - Percentage adjustment

26.0 Bills of Quantities

27.0 Measurement of work

Outlines the method to be used in measurement of

variation & provisional quantities to be carried out by

contractors agent & S.O. during joint valuations.

27.0 Measurement of work

28.0 Payment to contractor and interim certificate. - Payment to be made monthly or as stipulated by S.O. - Only 1 payment is allowed without document contract. - Payment of material by NSS can be made up to 100%. -Material delivered TO & ADJACENT to site, not prematurely delivered.

28.0 Payment to contractor

and interim certificate.


(CONTD)

20


1/2010

29.0 Adjustment of Contract Sum Increase or decrease of contract sum thru variation or others must be certified by S.O. / Representative

29.0 Adjustment of

Contract Sum

30.0 Fluctuation of price

Details of V.O.P. is still explained under (Special

Provision)

30.0 Fluctuation of price

31.0 Final Account and payment certificate

- 3 months after CPC, all claims complete with

details/supporting documents must be submitted to

the S.O.

- Otherwise the S.O. will proceed with the preparation

of Final Account using current info and its issuance 3

months after DLP or CMGD.

- Contractor to submit Statutory Declaration to the

Govt.

31.0 Final Account and

payment certificate

32.0 Effect of S.Os Certificate

No certificate of the S.O. under any provision shall

release the contractor from his obligations under this

contract.

32.0 Effect of S.Os Certificate


(CONTD)

21


1/2010

33.0 Deduction from money due to contractor

Govt./S.O. is entitled to deduct money owed by the

contractor through other contracts where both are parties

to it.

33.0 Deduction from

money due to

contractor

34.0 Prime Cost/Provisional Sum

Adjustment of Prime Cost/ Provisional Sum allowed in

contract and that of the actual amount must be carried

out.

Provisional Sum can be converted to Prime Cost Sum

when the contractor will be doing the NSC works but he

waivers his right for Profit and Attendance.

34.0 Prime

Cost/Provisional

Sum

35.0 Materials, Goods and Workmanship Additional testing instructed by S.O. that incurs additional cost will be paid unless the results show that the work, materials & goods are not in accordance with the contract.

35.0 Materials, Goods and Workmanship


(CONTD)

22


36.0 Inspection & Testing of Materials, Goods & Equipment.

All cost involved with Inspection & Testing will be borne by the contractor except additional tests as instructed by

the S.O. (depends on the

results/outcome of said tests).

36.0 Inspection & Testing

of Materials, Goods &

Equipment.

37.0 Constructional Plant, Equipment, Vehicle & Machineries. Arrangement pertaining to bringing in equipment & machineries into Malaysia is solely the responsibility & obligation of the contractor. He is to deal directly with the relevant authorities and shall furnish all such documentation & approval to the S.O. when required. All cost arising from this is to be borne by contractor.

37.0 Constructional Plant, Equipment, Vehicle & Machineries.


(CONTD)

23


38.0 Possession Site

Work cannot commence without

Performance Bond/Insurances. For

purposes of starting work, receipts

without policies are acceptable.

Delay (whole or in part)

- < 90 days EOT 43.1 (g) and not entitled to claims. Delay (whole) > 90 days - Contractor agreed to proceed later (entitle to EOT & NO CLAIM) or, - Contractor terminate the contract Delay (in part) > 90 days - Contractor agreed to proceed later (entitle to EOT & NO CLAIM) or, - request SO to omit that part. (If SO refuse, entitle to claims)

38.0 Possession Site


(CONTD)

24


1/2010

39.0 Completion of Work Contractor to notify S.O that work is completed within 14 days, S.O to inspect and issue CPC. What is practical completion? a) Work completed as specified in contract. b) Government have full, proper and beneficial use

of the work for its intended purpose. c) Passed T & C d) Fit for occupation e) Essential services (external work)

39.0 Completion of

Work

40.0 Damages for Non-Completion

S.O is required to issue Notice to the contractor before

LAD is imposed (no time frame to notice) as a

proclamation of his intention.

40.0 Damages for Non-

Completion

Difference

41.0 Sectional Completion

Involves different Completion Dates for ascertained

portions of work as stipulated in the Appendix where the

EOT, CPC, LAD and DLP will also be considered

separately except Insurances, PB, Final Payment.

41.0 Sectional

Completion


(CONTD)

25


42.0 Partial Occupation/ taking over by government. Govt with the consent of contractor shall take possession & occupy the completed component of works. Certificate of PO will be issued, DLP will start from the day of handing over followed by CMGD. LAD amount will be reduced proportionately corresponding to the value of said component. Value & period of insurances remain the same.

42.0 Partial Occupation/ taking over by government.

43.0 Delay & Extension of time Cl. 43(c) Suspension of work under Cl. 50 Reasons: EOT 43 (a) (j) total: 10 Highlight:- -Delay is not brought about by delay of non-performing NSC. -Contractor has proven he has mitigated the delays. -Does not constitute failure on part of contractor.

43.0 Delay & Extension of time


(CONTD)

26


1/2010

44.0 Claims for loss and expenses

Claims arising from delay (EOT) due to:-

43.1 : (c) Suspension of Works (d) S.O. instructions & neighboring disputes

(e) S.O. instruction under Cl. 5 (f) delay caused by S.O (h) delay by 3rd party appointed by Govt.

44.0 Claims for loss and

expenses

45.0 Investigation by government and other persons

in case of accidents, failure or other event.

Allows 3rd party to investigate where the

contractor is to provide full cooperation,

assistance & facilities as may be required.

45.0 Investigation by

government and other

persons in case of

accidents, failure or

other event.

46.0 Access for work

S.O/ Rep or 3rd party appointed by Govt must be

given access to site, fabrication factories,

warehouses, etc related to material & goods to be

used in project.

46.0 Access for work


(CONTD)

27


47.0 Sub-Contract or Assignment

Contractor must obtain the consent of S.O. before

sub-contracting the work. Contractor still fully

responsible over the contract & the default of his

sub-contractors.

Assignment of contract or part is not allowed

except for banks/institutions as consented by the

S.O.

47.0 Sub-Contract or

Assignment

48.0 Defects After Completion No On-Cost charges

- In case of failure to rectify by Contractor, S.O.

can appoint 3rd party where the cost of rectification

plus 10% on cost charges will be claimed from the

contractor.

-Diminution in value of Defect work

-Certificate of Making Good Defects.

48.0 Defects After Completion

No On-Cost charges

DLP (12 Mths)

14 Days

3 Mths

CMGD Completion

Date

Final list


(CONTD)

28


1/2010

49.0 Unfulfilled Obligations

Although the CMGD has been issued, contractor

remains liable to fulfill all obligations incurred prior

to the issue of said certificate.

49.0 Unfulfilled

Obligations

50.0 Suspension of Works

50.1 : Suspension and Resumption To overcome

problems arising from PBT & funding.

Officer named can issue instruction to suspend work.

Contractor to continue with his other obligations

including site security, repair of damages and show

initiative in cutting costs within said period.

50.2 : Extension of Time Contractor can apply for EOT

Cl. 43(c).If suspension exceed 12 months mutual

termination can be considered.

50.3 : Consequences of Mutual Termination Contractor

paid up to works carried out and

no claims made to PB

50.0 Suspension of Works

Difference


(CONTD)

29


1/2010

51.0 Events and Consequences of Default by Contractor 2 termination scenarios:

51.1.Default of Obligation by Contractor

-Failure to start work within 2 weeks of L.A (new)

-Suspend or abandon work

-Failure to proceed regularly & diligently

-Failure to execute work in accordance to contract

-Persistently/continuously neglects to carry out obligations

-Failure/refusal to comply to S.O.s instructions -Failure to comply with Cl. 47 (Sub-Contract)

The named officer will issue a 14-day notice, failure of which will

effect termination proceedings.

Implications of termination will be similar to Cl. 51 of the old COC.

Contractor must vacate site and Govt will seize PB/ WJP and

initiate retendering & claim of completion cost.

51.2. General Default

- General default includes contractors bankruptcy, winding up orders & court instruction to freeze contractors asset. - Govt can terminate contract by first issuing a 14-day notice.

- Similar in implication with Cl. 51.1

Contractor must vacate site and Govt will seize PB/WJP and

initiate

retendering & claim of completion cost.

51.0 Events and

Consequences of

Default by

Contractor

Difference

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010) (CONTD)

30


51.0 Events and Consequences of Default by Contractor (contd) Stop Work Carry out protective work Remove personnel Vacate site Terminate his sub-contractors Return all plans/documents etc Pay losses/damages to the Government.

51.0 Events and Consequences of Default by Contractor (contd)

52.0 Termination on National Interest

What constitutes National Interest?

Must not imply that the Govt is trying to be

relieved of its contractual obligations &

liabilities. (PBT is not national interest and

national security cannot be compromised!).

Govt will not seize Bond upon

termination.Contractor will be paid whatever

works carried out without claims made to the

PB.

Contractor stop work/remove/personnel/vacate site

52.0 Termination on National

Interest


(CONTD)

31


53.0 Termination on Corruption

If the contractor, his personnel or sub-

contractors is proven guilty of corruption

relating to the Works, the contract may be

terminated after notice has been issued.

PB will be forfeited and claim on completion/

retender cost will be made (Cl. 51.1)

53.0 Termination on

Corruption, unlawful &

illegal activities

Difference

54.0 Payments Upon Termination

If termination is due to Cl. 50 (Suspension of

Works) or Cl. 52 (Termination on National

Interest), payment to contractor shall be:

a)Works carried out until date of termination.

b)Inclusive of partly completed works

c)Cost of materials/goods reasonably and

has/will be

delivered to site.

d)Expenses reasonably incurred by contractor in expectation of completing the

works.

e)Costs involved in handing over the project

back to the Govt.S.O to prepare and issue a

Final Account to the contract.

54.0 Payments Upon

Suspension

&Termination On

National Interest


(CONTD)

32

Claus

e

JKR 203A Rev 2007 Claus

e

JKR 203A Rev. 1/2010

55.0 Certification of Termination Costs.

To be prepared upon termination,

taking into consideration the following:

i) Payments made to contractor

ii. 3rd party payments to complete works

iii. Other costs related to completion

10% On- Cost Charges

55.0

Events & Consequences Of Default by

The Government

(new clause)

Difference

56.0 Surviving Right

In the event of termination, liabilities of both

parties within the contract period will still

stand.

56.0 Certification of Termination Costs.

57.0 Effect of Force Majeure

A situation in which both Govt & Contractor are

unable to fulfill their obligations under

contract e.g.

war, riot, earthquake etc. Contract will be

terminated

with mutual agreement by both parties where

neither

will be entitled to any claims.

57.0 Cl. 57.0 : Surviving Rights


(CONTD)

33

Clause JKR 203A Rev 2007 Clause

JKR 203A Rev.

1/2010

58.0 Site Agent and Assistants

Contractor to employ a competent, efficient suitability

qualified site agent, able to receive instructions from S.O

on site.

58.0 Effect of Force Majeure

59.0 Nominated Sub-Contractor and Nominated Supplier

S.O shall call tenders for items under Provisional Sum or

P.C sum in the contract. Contractor may object

nominations with valid reason. S.O may appoint sub

contractor and enter into a direct contract by way of

omission or instruct M/Contractor to execute the works.

59.0 Site Agent and

Assistants

60.0 Payment to NSC and/ NS

Ensure direct payments to NSC.No Deed of assignment

is needed.

60.1 SO shall obtain tenders for NSC/NS in respect the PCS/PS are included in BQ.

- Contractor shall on the written insruction by the

SO enter into such sub contract with the WS/NSC

60.0 Nominated Sub-

Contractor and

Nominated Supplier


(CONTD)

34

Claus

e JKR 203A Rev 2007 Clause JKR 203A

Rev. 1/2010 61.0 No Liability of government to NSC and NS

There is no warranty of contract between

government and NSC.

61.0 Payment to NSC and/

NS

62.0 Responsibility of Contractor to NSC and NS Contractor is fully responsible over NSC, he may terminate the NSC with consent from S.O. and may appoint a new NSC at no extra cost to the government.

62.0 No Liability of government to NSC and NS

63.0 Intellectual Property Rights

Copyright and proprietary rights ,related to the Works,

shall be the property of Government. Contractor must

indemnify Government from all claims. if any.

63.0 Responsibility of Contractor to NSC and NS

64.0 Antiquities

All discovery of objects of interest or value during

construction shall be the absolute property of the

Government. Contractor to inform S.O. immediately who

in return will issue instruction as what is to be done.

Contractor will be reimbursed

64.0 Intellectual Property

Rights


(CONTD)

35


65 Arbitration

Both parties can now refer any disputes

toArbitration.

65.0 Antiquities

66 Notices Notices shall be effected by; i. Hand delivery or courier,acknowledge

receipt.or ii. Leaving notices at the registered

address in the contract or iii. Registered post,deemed to have

received, 7 days from date of posting.

Onus on Contractor to inform of any change in address.

66.0 Arbitration

67 Amendments

No amendments to be made to this

agreement unless made by mutual consent

by way of a supplementary agreement.

67.0 Notices


(CONTD)

36

Claus

e JKR 203A Rev 2007 Clause JKR 203A

Rev. 1/2010 68.0 Confidentiality

Contractor must not disclose to third party all matters

pertaining to the contract unless;

- to the bank/financial institution ,raising funds.

- to the consultants appointed for the project.

- as required by law in the country.

68.0 Safety At Site

Difference

69.0 Stamp duty

Now, Contractor is required to pay for all stamp duty

charges.

69.0 Advance Payment

Difference

70.0 Severability

73.0 Severability

71.0 Waiver 74.0 Waiver


(CONTD)

37


1/2010

72.0 Laws applicable

75.0 Laws applicable

73.0 Successors Bound 76.0 Successors Bound

74.0 Epidemics and medical attendance 77.0 Epidemics and Medical Attendance

75.0 Technology Transfer 78.0 Technology Transfer

76.0 General duties and Performance Standard

-Maintain site clean and sanitary condition

-Comply will all requirement of the

government health and sanitary authorities.

79.0 General duties and Performance Standard

77.0 Restriction on imported materials and

goods

80.0 Restriction on imported

materials and

goods

78.0 Time

81.0 Time


(CONTD)

OTHERS

Appendices

Addendum

Special Provisions

39

THANK YOU

40

Clause Differences

4.0

6.0

Clause 4.1(a) is replaced to sentence in clause 4.1(b)

Clause 4.1(b) is replace to sentence 4.1(a) and provisions 40, 43 and 65 has been deleted

and addition of provision 57 and 66 in this clause.

Additional of term in accordance with best industry practice.

Word must replaced by shall

10

COC Rev. 2007

COC Rev. 1/2010

Clause 10.0(a) mentioned the contractor need to comply the works accordance to the

specification, contract dwgs, and other documents specified in contract.

12

COC Rev. 2007

COC Rev. 1/2010

New sub provision 12.1(a), (b) The provision specified the need of contractor to submit

the Work

Programme to the SO that shows detail activities of wk, methods of

construction proposed to adopt.

'New provision 12.2 (i), (ii) & (iii), It stipulates define periods for the submission and

approval of the programme plus consequences for the SOs default. (to approve or reject or request further informations to clarify on the Work

Programme submit by the contractor)

'New Provision 12.3, 12.4, 12.5 requires the contractor to resubmit the Work

Programme if request for. The submission to and approval by the SO does

not relieve the contractor of any his responsibilities under the contract.

69

COC Rev. 2007

COC Rev. 1/2010

New Provision regarding the value of advance payment, conditions to be

followed by the contractor & deduction of advance payment to be made in

interim certificates.

41

Clause Differences

22.1 (a)

22.1(b)

22.1(c)

22.2(a)

22.2(b)

22.2(c)

22.2(d)

COC Rev. 2007

COC Rev. 1/2010

Term intergrates has been added.

A need of contractor to submit the related particulars ie. Dwg, specs, calculation &

other doc. Pertaining to stand alone design.

Rephrase of clause 22.1 (c) & (d). The contractor shall be fully responsible and

guarantee the Govn. Of the Stand Alone Design, integration, execution of the works,

material and workmanship for the works are independent from any fault, suitable,

functional, safe & compatible with Govn's requirement.

'additional term - 'stand alone 'The Design Guarantee Bond Act as a security for the contractor's obligation and

warranties which valid for a period of 5 years from the date of CPC.

'additional term 'imperfection, shrinkage' due to defects in the stand alone design.

'the Govn. has the right to claim from PB the sum of equal to 5% of the value of the

said part of the works or such part thereof as maybe demanded.

New clause The contractor need to extend security if the DGB were to expire.

42

Clause Differences

40.0

40.2

40.3

40.4

COC Rev. 2007

COC Rev. 1/2010

Few sentences related to this provision has been deleted

Provision is improved by mentioned the right of Government to terminate the

contract and recover LAD from the contractor from any money due/become

due/ form Performance Bond/ as a debt due.

New Provision related to LAD that is amount of loss which Government will

suffer because of breach of contract by the contractor.

New Provision which not relieve the contractor from his liabilities and

obligations under the contract even though deduction such LAD has been

made.

50

COC Rev. 2007

COC Rev. 1/2010

The term 'officer named in the appendix' has been replace to SO.

51.1 (a) (ii)

51.2(b) (ii)

COC Rev. 2007

COC Rev. 1/2010

The need to fill in the no of days of work been suspend

Rephrase of previous provision. The clause strictly mentioned that contract

shall not be entitled to any form of losses i.e lost of profit, damage claim etc.

upon termination of the contract.

43

Clause Differences

53.1

53.2

53.2 (c)

COC Rev. 2007

COC Rev. 1/2010

The new term ' unlawful & illegal activities' has been inserted.

53.1 (a) replaced to 53.1

53.1 (a) (i)& (ii) in COC 2007 has been deleted

53.1(b) change to 53.2

53.2(b)(iii) change to 53.2 (c)

Rephrase of previous provision. The clause strictly mentioned that

contract shall not be entitled to any form of losses i.e lost of profit,

damage claim etc. upon termination of the contract.

55

COC Rev. 2007

COC Rev. 1/2010

New Provision allows the contractor to terminate the government because

of fails to fulfill any obligation which affects the works & consequences of

such termination.

68

COC Rev. 2007

COC Rev. 1/2010

COC Rev. 1/2010

New Provision regarding the compliance of safety requirement,

submission of safety report to Govn, appointment of qualified Safety

Officer and to provide safety measure at site.

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